Visit the Blackbird website for prelinimary photos and more information on this sale.

Terms and Conditions

Auction Bidder Agreement

Bidder and Auctioneer agree that the Terms and Conditions listed below shall govern this Auction sale:

1. All persons seeking to register to bid acknowledges acceptance of these terms of sale, and guarantees prompt payment of all purchases by ACH, wire transfer, credit card or company check with bank letter of guarantee. No items will be removed prior to full payment, with all funds having cleared our accounts.

2. The "Bidder" becomes a "Buyer" upon the Auctioneers acceptance of their bid on one or more items in the Auction sale.

3. FULL PAYENT must be made immediately for your purchase at the Auction. This payment should be made in the form of cash, credit card (up to $5,000), company check with bank letter, cashiers check, wire transfer (instructions upon request). Company checks will be accepted only if accompanied by a letter from the issuing bank that reads: "(Bank Name) unconditionally guarantees payment to Blackbird Asset Services, LLC from (Purchasers Name) on account number ______ up to the amount of $________. This guarantee will be valid for purchases made at the EB Trottnow Machine auction on May 31."

4. Items left unpaid for more than 48 hours will be resold at the risk and expense of the Buyer. In the event that a Buyer fails to pay the entire purchase price (in addition to the Buyer's premium and any applicable tax) within 48 hours or otherwise fails to comply with these Terms and Conditions, Auctioneer and the Seller may retain any deposit paid as liquidated damages without notice. Auctioneer and the Seller reserve the right to resell such items without notice, and the defaulting Buyer shall be liable to Auctioneer and Seller for any resulting deficiency, including costs incurred in storing and reselling such items.

5. Auctioneer shall charge and collect from each Buyer a 15% Buyer's premium for each sale at the Auction, in addition to the purchase price as bid. Buyers that utilize our Webcast service shall be charged a buyer’s premium of 18% for each sale at the Auction, in addition to the purchaser price. Buyers that pay by credit card will be charged a 3% convenience/credit card fee in addition to any buyers premiums so noted.

6. All items in the Auction shall be sold to the highest bidder; provided, however, that some items may be auctioned with minimum reserve prices, and/or subject to Seller's right of confirmation. Auctioneer reserves the right to reject any bid that is only a minimal increase over the preceding bid, that is not commensurate with the value of the item being offered, or any bid that Auctioneer believes was made illegally or in bad faith. Further, Auctioneer may bid at the Auction either for its own account or on behalf of the Seller or a third party. All sales are final. No returns or refunds will be permitted, unless authorized by the Seller in writing.

7. Collection of applicable taxes will be in accordance with the laws of New York. Auctioneer reserves the right to charge and collect tax on all purchases, shifting the burden of determining any 'tax exempt' status to the purchaser (if applicable). In such case tax refunds will be issued by the respective state. Sales tax for Erie County, NY is 8.75%.

8. For any purchase paid in cash with a value of $10,000 or greater, Buyer is required to complete US Treasury Dept. form #8300 at the time of purchase.

9. Removal and shipment of purchased items will be the sole responsibility of the Buyer. Removal for smalls and hand carry items will be Thursday June 1 - 10. Riggers should schedule in advance. All purchases must be removed no later than June 10. Riggers are encouraged to review the PDF catalog and submit insurance certificates in advance of the auction. NO MATERIAL HANDLING EQUIPMENT OR TOOLS WILL BE MADE AVAILABLE BY THE SELLER OR AUCTIONEER FOR BUYERS' USE DURING ITEM REMOVAL. All Buyers and/or their agent riggers MUST comply with all insurance requirements as noted in the Auction catalog.

10. The Buyer becomes fully responsible for, and assumes all risk of loss and damage to items immediately upon acceptance of their bid. It shall be the responsibility of the Buyer to insure their purchases immediately. If the Buyer does not remove an item within the announced removal period, Auctioneer and the Seller may, in their sole discretion, deem the item to have been abandoned by the Buyer and the Buyer will have no further rights with respect to the item.

11. In the event of any dispute concerning the winning bid price for an item, the record kept by Auctioneer shall control. In any dispute between two or more bidders, the Auctioneers decision shall be absolute and final.

12. ALL ITEMS ARE SOLD AS IS, WHERE IS AND WITH ALL FAULTS. NEITHER SELLER NOR AUCTIONEER MAKES ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE NATURE, QUALITY, VALUE OR CONDITION OF ANY ITEM. AUCTIONEER AND SELLER EXPRESSLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

13. No sale shall be invalidated by reason of any defect or inaccuracy in any description or listing, and no liability shall be borne by the Auctioneer with respect to such errors. All information has been obtained from sources generally believed to be reliable, but the accuracy cannot be guaranteed or warranted by the Auctioneer. Bidder acknowledges it is their responsibility to inspect all items and to make their own inquires whether purchasing online via Webcast or live on site.

14. The aggregate respective liability of Seller or Auctioneer in respect of any other loss or damage suffered by a Buyer and arising out of or in connection with these Terms and Conditions or arising out of or in any way connected with a Buyer's participation in the Auction, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way, shall not exceed (i) in the case of the Seller, the amount of the purchase price paid by the Buyer; and (ii) in the case of the Auctioneer, the Buyer's premium paid by the Buyer, in each case in respect of the goods which are the subject of the claim.

15. Computers, drives and other electronic equipment may contain copywritten software that is governed by a license agreement issued to a third party. In such event the Buyer acknowledges that said software and license agreement(s) are not included in their purchase(s). Buyer guarantees the destruction of any personally identifiable information that may be stored on such devices, and shall indemnify and hold harmless the Auction Company and their Seller from any claims, suits or other actions brought against them that relates in any way to personally identifiable information or any other data that remains on such devices, latent or obvious.

16. Buyers acknowledge that an Auction site or the Seller's site is a potentially dangerous place. Flammable, noxious, corrosive and pressurized substances may be present. Heavy equipment may be operated, and electrical circuits may be live. Every person enters such site at his or her own risk with notice of the condition of the premises and the activities that will be or have been conducted on the premises. Buyers shall so advise their agents and employees. No person shall have any claim against Auctioneer, the Seller or their respective agents or employees for any injuries sustained or for damages to or loss of person or property that may occur at such site.

17. These Terms and Conditions are incorporated and merged with any sale specific Terms and Conditions that may be distributed via our online bidding site and or at the physical auction location.

1. All persons seeking to register to bid must present a valid credit card to register online. In addition, Auctioneer reserves the right to verify the validity of all cashier's checks or certified funds drawn from lending institutions.

2. The "Bidder" becomes a "Buyer" upon the closing of the lot and the Auctioneers acceptance of their bid on one or more items in the Auction sale.

3. ALL PURCHASES MUST BE PAID IN FULL IMMEDIATELY UPON CONCLUSION OF THE AUCTION SALE by either wire transfer, overnight of certified or bank check or by visa/mastercard (under $5,000, credit cards subject to 3% convenience fee). All purchases subject to a 15% buyer’s premium. NOTE TO BIDDERS - Please be advised that although you are required to present a credit card to register online, we do not automatically charge your card following the auction. Upon receipt of an invoice following the auction sale please contact our auction office to inform us of your preferred payment arrangement by immediate wire transfer, certified funds or credit card authorization over the phone.

4. Items left unpaid for more than 48 hours will be resold at the risk and expense of the Buyer. In the event that a Buyer fails to pay the entire purchase price (in addition to the Buyer's premium and any applicable taxes) within 48 hours or otherwise fails to comply with these Terms and Conditions, Auctioneer and the Seller will retain any deposit paid as liquidated damages without notice. Auctioneer and the Seller reserve the right to resell such items without notice, and the defaulting Buyer shall be liable to Auctioneer and Seller for any resulting deficiency, including costs incurred in storing and reselling such items.

5. Auctioneer shall charge and collect from each Buyer a Buyer's premium of 15% for each sale at the Auction, in addition to the purchase price as bid. Buyers that pay by credit card will be charged a 3% convenience/credit card fee in addition to any buyers premiums so noted.

6. All items in the Auction shall be sold to the highest bidder; provided, however, that some items may be auctioned with minimum reserve prices, and/or subject to Seller's right of confirmation. Auctioneer reserves the right to reject any bid that is only a minimal increase over the preceding bid, that is not commensurate with the value of the item being offered or that Auctioneer believes was made illegally or in bad faith. Further, Auctioneer may bid at the Auction either for its own account or on behalf of the Seller or a third party. All sales are final. No returns or refunds will be permitted for any reason whatsoever.

7. Collection of sales taxes will be in accordance with the laws of New York State, Erie County (8.75%). Auctioneer reserves the right to charge and collect tax on all purchases, shifting the burden of determining any 'tax exempt' status to the purchaser (if applicable). In such case tax refunds will be issued by the New York State.

8. Inspection of items will be BY APPOINTMENT ONLY at our storage facility in Williamsville, NY. Exact location will be given upon scheduling the appointment. Inspection appointments can be made by email to auctions@blackbirdauctions.com. ALL PURCHASERS ARE ENCOURAGED TO SCHEDULE AN INSPECTION APPOINTMENT.

9. Removal of items will be BY APPOINTMENT ONLY at our storage facility in Williamsville, NY. Exact location will be given upon scheduling the appointment. Removal appointments can be made by email to auctions@blackbirdauctions.com. ALL PURCHASES MUST BE REMOVED NO LATER THAN DECEMBER 23, 2016. Additional charges will apply to any buyer that holds over or requests additional time to remove their purchases.

10. The Buyer becomes fully responsible for, and assumes all risk of loss and damage to items purchased until items are removed from the Auction site whether or not the removal deadline has passed. If the Buyer does not remove an item within the announced removal period, Auctioneer and the Seller may, in their sole discretion, deem the item to have been abandoned by the Buyer and the Buyer will have no further rights with respect to the item.

11. In the event of any dispute concerning the winning bid price for an item, the record kept by Auctioneer shall control. In any dispute between two or more bidders, the Auctioneers decision shall be absolute and final.

12. ALL ITEMS ARE SOLD AS IS, WHERE IS AND WITH ALL FAULTS. NEITHER SELLER NOR AUCTIONEER MAKES ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE NATURE, QUALITY, VALUE OR CONDITION OF ANY ITEM. AUCTIONEER AND SELLER EXPRESSLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

13. No sale shall be invalidated by reason of any defect or inaccuracy in any description or listing, and no liability shall be borne by the Auctioneer with respect to such errors. All information has been obtained from sources generally believed to be reliable, but the accuracy cannot be guaranteed or warranted by the Auctioneer. Bidder acknowledges it is their responsibility to inspect all items and to make their own inquires.

14. The aggregate respective liability of Seller or Auctioneer in respect of any other loss or damage suffered by a Buyer and arising out of or in connection with these Terms and Conditions or arising out of or in any way connected with a Buyer's participation in the Auction, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way, shall not exceed (i) in the case of the Seller, the amount of the purchase price paid by the Buyer; and (ii) in the case of the Auctioneer, the Buyer's premium paid by the Buyer, in each case in respect of the goods which are the subject of the claim.

15. Buyers acknowledge that an Auction site or the Seller's site is a potentially dangerous place. Flammable, noxious, corrosive and pressurized substances may be present. Heavy equipment may be operated, and electrical circuits may be live. Every person enters such site at his or her own risk with notice of the condition of the premises and the activities that will be or have been conducted on the premises. Buyers shall so advise their agents and employees. No person shall have any claim against Auctioneer, the Seller or their respective agents or employees for any injuries sustained or for damages to or loss of person or property that may occur at such site.

16. These Terms and Conditions are incorporated and merged with any sale specific Terms and Conditions that may be distributed via our online bidding site and or at the physical auction location.

Terms and Conditions for online auction of BN Systems, December 14, 2016.

Auction Bidder Agreement

Bidder and Auctioneer agree that the Terms and Conditions listed below shall govern this Auction sale:

1. All persons seeking to register to bid acknowledges acceptance of these terms of sale, and guarantees prompt payment of all purchases by ACH, wire transfer, credit card or company check with bank letter of guarantee. No items will be removed prior to full payment, with all funds having cleared our accounts.

2. The "Bidder" becomes a "Buyer" upon the Auctioneers acceptance of their bid on one or more items in the Auction sale.

3. FULL PAYMENT must be made immediately for your purchase at the Auction. This payment should be made in the form of cash, credit card (up to $5,000), company check with bank letter, cashiers check, wire transfer or ACH (see wire instructions on invoice).

4. Items left unpaid for more than 48 hours will be resold at the risk and expense of the Buyer. In the event that a Buyer fails to pay the entire purchase price (in addition to the Buyer's premium and any applicable tax) within 48 hours or otherwise fails to comply with these Terms and Conditions, Auctioneer and the Trustee may retain any deposit paid as liquidated damages without notice. Auctioneer and the Trustee reserve the right to resell such items without notice, and the defaulting Buyer shall be liable to Auctioneer and Trustee for any resulting deficiency, including costs incurred in storing and reselling such items.

5. Auctioneer shall charge and collect from each Buyer a 15% Buyer's premium for each sale at the Auction, in addition to the purchase price as bid. Buyers that utilize our Webcast service shall be charged a buyer’s premium of 18% for each sale at the Auction, in addition to the purchaser price. Buyers that pay by credit card will be charged a 3% convenience/credit card fee in addition to any buyer’s premiums so noted.

6. All items in the Auction shall be sold to the highest bidder; provided, however, that some items may be auctioned with minimum reserve prices, and/or subject to Trustee's right of confirmation. Auctioneer reserves the right to reject any bid that is only a minimal increase over the preceding bid, that is not commensurate with the value of the item being offered, or any bid that Auctioneer believes was made illegally or in bad faith. Further, Auctioneer may bid at the Auction either for its own account or on behalf of the Trustee or a third party. All sales are final. No returns or refunds will be permitted, unless authorized by the Trustee in writing.

7. This sale is exempt from sales and use tax in Virginia pursuant to the Administrative Code of Virginia 23VAC10-210-1080 and 23VAC10-210-140.

8. For any purchase paid in cash with a value of $10,000 or greater, Buyer is required to complete US Treasury Dept. form #8300 at the time of purchase.

9. Removal and shipment of purchased items will be the sole responsibility of the Buyer. Removal for smalls and hand carry items will be immediately following the auction. Open removal will be from December 1 – December 9 8:00–4:00 and thereafter by appointment only. All purchases must be removed no later than December 9th. Riggers are encouraged to review the PDF catalog and submit insurance certificates in advance of the auction. NO MATERIAL HANDLING EQUIPMENT OR TOOLS WILL BE MADE AVAILABLE BY THE TRUSTEE OR AUCTIONEER FOR BUYERS' USE DURING ITEM REMOVAL. All Buyers and/or their agent riggers MUST comply with all insurance requirements as noted in the Auction catalog.

10. The Buyer becomes fully responsible for, and assumes all risk of loss and damage to items immediately upon acceptance of their bid. It shall be the responsibility of the Buyer to insure their purchases immediately. If the Buyer does not remove an item within the announced removal period, Auctioneer and the Trustee may, in their sole discretion, deem the item to have been abandoned by the Buyer and the Buyer will have no further rights with respect to the item.

11. In the event of any dispute concerning the winning bid price for an item, the record kept by Auctioneer shall control. In any dispute between two or more bidders, the Auctioneers decision shall be absolute and final.

12. ALL ITEMS ARE SOLD AS IS, WHERE IS AND WITH ALL FAULTS. NEITHER TRUSTEE NOR AUCTIONEER MAKES ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE NATURE, QUALITY, VALUE OR CONDITION OF ANY ITEM. AUCTIONEER AND TRUSTEE EXPRESSLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

13. No sale shall be invalidated by reason of any defect or inaccuracy in any description or listing, and no liability shall be borne by the Auctioneer with respect to such errors. All information has been obtained from sources generally believed to be reliable, but the accuracy cannot be guaranteed or warranted by the Auctioneer. Bidder acknowledges it is their responsibility to inspect all items and to make their own inquires whether purchasing online via Webcast or live on site.

14. The aggregate respective liability of Trustee or Auctioneer in respect of any other loss or damage suffered by a Buyer and arising out of or in connection with these Terms and Conditions or arising out of or in any way connected with a Buyer's participation in the Auction, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way, shall not exceed (i) in the case of the Trustee, the amount of the purchase price paid by the Buyer; and (ii) in the case of the Auctioneer, the Buyer's premium paid by the Buyer, in each case in respect of the goods which are the subject of the claim.

15. Computers, drives and other electronic equipment may contain copywritten software that is governed by a license agreement issued to a third party. In such event the Buyer acknowledges that said software and license agreement(s) are not included in their purchase(s). Buyer guarantees the destruction of any personally identifiable information that may be stored on such devices, and shall indemnify and hold harmless the Auction Company and the Trustee from any claims, suits or other actions brought against them that relates in any way to personally identifiable information or any other data that remains on such devices, latent or obvious.

16. Buyers acknowledge that an Auction site is a potentially dangerous place. Flammable, noxious, corrosive and pressurized substances may be present. Heavy equipment may be operated, and electrical circuits may be live. Every person enters such site at his or her own risk with notice of the condition of the premises and the activities that will be or have been conducted on the premises. Buyers shall so advise their agents and employees. No person shall have any claim against Auctioneer, the Trustee or their respective agents or employees for any injuries sustained or for damages to or loss of person or property that may occur at such site.

18. These Terms and Conditions are incorporated and merged with any sale specific Terms and Conditions that may be distributed via our online bidding site and or at the physical auction location.

T&C Apollo Press Webcast Auction Sale November 30, 2016, by order of the United States Bankruptcy Court, Norfolk Division Bk. No. 16-50717-FJS

Visit the Blackbird website for prelinimary photos and more information on this sale.

Terms and Conditions

Auction Bidder Agreement

Bidder and Auctioneer agree that the Terms and Conditions listed below shall govern this Auction sale:

1. All persons seeking to register to bid acknowledges acceptance of these terms of sale, and guarantees prompt payment of all purchases by ACH, wire transfer, credit card or company check with bank letter of guarantee. No items will be removed prior to full payment, with all funds having cleared our accounts.

2. The "Bidder" becomes a "Buyer" upon the Auctioneers acceptance of their bid on one or more items in the Auction sale.

3. FULL PAYENT must be made immediately for your purchase at the Auction. This payment should be made in the form of cash, credit card (up to $5,000), company check with bank letter, cashiers check, wire transfer (instructions upon request). Company checks will be accepted only if accompanied by a letter from the issuing bank that reads: "(Bank Name) unconditionally guarantees payment to Blackbird Asset Services, LLC from (Purchasers Name) on account number ______ up to the amount of $________. This guarantee will be valid for purchases made at the EB Trottnow Machine auction on May 31."

4. Items left unpaid for more than 48 hours will be resold at the risk and expense of the Buyer. In the event that a Buyer fails to pay the entire purchase price (in addition to the Buyer's premium and any applicable tax) within 48 hours or otherwise fails to comply with these Terms and Conditions, Auctioneer and the Seller may retain any deposit paid as liquidated damages without notice. Auctioneer and the Seller reserve the right to resell such items without notice, and the defaulting Buyer shall be liable to Auctioneer and Seller for any resulting deficiency, including costs incurred in storing and reselling such items.

5. Auctioneer shall charge and collect from each Buyer a 15% Buyer's premium for each sale at the Auction, in addition to the purchase price as bid. Buyers that utilize our Webcast service shall be charged a buyer’s premium of 18% for each sale at the Auction, in addition to the purchaser price. Buyers that pay by credit card will be charged a 3% convenience/credit card fee in addition to any buyers premiums so noted.

6. All items in the Auction shall be sold to the highest bidder; provided, however, that some items may be auctioned with minimum reserve prices, and/or subject to Seller's right of confirmation. Auctioneer reserves the right to reject any bid that is only a minimal increase over the preceding bid, that is not commensurate with the value of the item being offered, or any bid that Auctioneer believes was made illegally or in bad faith. Further, Auctioneer may bid at the Auction either for its own account or on behalf of the Seller or a third party. All sales are final. No returns or refunds will be permitted, unless authorized by the Seller in writing.

7. Collection of applicable taxes will be in accordance with the laws of New York. Auctioneer reserves the right to charge and collect tax on all purchases, shifting the burden of determining any 'tax exempt' status to the purchaser (if applicable). In such case tax refunds will be issued by the respective state. Sales tax for Erie County, NY is 8.75%.

8. For any purchase paid in cash with a value of $10,000 or greater, Buyer is required to complete US Treasury Dept. form #8300 at the time of purchase.

9. Removal and shipment of purchased items will be the sole responsibility of the Buyer. Removal for smalls and hand carry items will be Thursday June 1 - 10. Riggers should schedule in advance. All purchases must be removed no later than June 10. Riggers are encouraged to review the PDF catalog and submit insurance certificates in advance of the auction. NO MATERIAL HANDLING EQUIPMENT OR TOOLS WILL BE MADE AVAILABLE BY THE SELLER OR AUCTIONEER FOR BUYERS' USE DURING ITEM REMOVAL. All Buyers and/or their agent riggers MUST comply with all insurance requirements as noted in the Auction catalog.

10. The Buyer becomes fully responsible for, and assumes all risk of loss and damage to items immediately upon acceptance of their bid. It shall be the responsibility of the Buyer to insure their purchases immediately. If the Buyer does not remove an item within the announced removal period, Auctioneer and the Seller may, in their sole discretion, deem the item to have been abandoned by the Buyer and the Buyer will have no further rights with respect to the item.

11. In the event of any dispute concerning the winning bid price for an item, the record kept by Auctioneer shall control. In any dispute between two or more bidders, the Auctioneers decision shall be absolute and final.

12. ALL ITEMS ARE SOLD AS IS, WHERE IS AND WITH ALL FAULTS. NEITHER SELLER NOR AUCTIONEER MAKES ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE NATURE, QUALITY, VALUE OR CONDITION OF ANY ITEM. AUCTIONEER AND SELLER EXPRESSLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

13. No sale shall be invalidated by reason of any defect or inaccuracy in any description or listing, and no liability shall be borne by the Auctioneer with respect to such errors. All information has been obtained from sources generally believed to be reliable, but the accuracy cannot be guaranteed or warranted by the Auctioneer. Bidder acknowledges it is their responsibility to inspect all items and to make their own inquires whether purchasing online via Webcast or live on site.

14. The aggregate respective liability of Seller or Auctioneer in respect of any other loss or damage suffered by a Buyer and arising out of or in connection with these Terms and Conditions or arising out of or in any way connected with a Buyer's participation in the Auction, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way, shall not exceed (i) in the case of the Seller, the amount of the purchase price paid by the Buyer; and (ii) in the case of the Auctioneer, the Buyer's premium paid by the Buyer, in each case in respect of the goods which are the subject of the claim.

15. Computers, drives and other electronic equipment may contain copywritten software that is governed by a license agreement issued to a third party. In such event the Buyer acknowledges that said software and license agreement(s) are not included in their purchase(s). Buyer guarantees the destruction of any personally identifiable information that may be stored on such devices, and shall indemnify and hold harmless the Auction Company and their Seller from any claims, suits or other actions brought against them that relates in any way to personally identifiable information or any other data that remains on such devices, latent or obvious.

16. Buyers acknowledge that an Auction site or the Seller's site is a potentially dangerous place. Flammable, noxious, corrosive and pressurized substances may be present. Heavy equipment may be operated, and electrical circuits may be live. Every person enters such site at his or her own risk with notice of the condition of the premises and the activities that will be or have been conducted on the premises. Buyers shall so advise their agents and employees. No person shall have any claim against Auctioneer, the Seller or their respective agents or employees for any injuries sustained or for damages to or loss of person or property that may occur at such site.

17. These Terms and Conditions are incorporated and merged with any sale specific Terms and Conditions that may be distributed via our online bidding site and or at the physical auction location.

1. All persons seeking to register to bid must present a valid credit card to register online. In addition, Auctioneer reserves the right to verify the validity of all cashier's checks or certified funds drawn from lending institutions.

2. The "Bidder" becomes a "Buyer" upon the closing of the lot and the Auctioneers acceptance of their bid on one or more items in the Auction sale.

3. ALL PURCHASES MUST BE PAID IN FULL IMMEDIATELY UPON CONCLUSION OF THE AUCTION SALE by either wire transfer, overnight of certified or bank check or by visa/mastercard (under $5,000, credit cards subject to 3% convenience fee). All purchases subject to a 15% buyer’s premium. NOTE TO BIDDERS - Please be advised that although you are required to present a credit card to register online, we do not automatically charge your card following the auction. Upon receipt of an invoice following the auction sale please contact our auction office to inform us of your preferred payment arrangement by immediate wire transfer, certified funds or credit card authorization over the phone.

4. Items left unpaid for more than 48 hours will be resold at the risk and expense of the Buyer. In the event that a Buyer fails to pay the entire purchase price (in addition to the Buyer's premium and any applicable taxes) within 48 hours or otherwise fails to comply with these Terms and Conditions, Auctioneer and the Seller will retain any deposit paid as liquidated damages without notice. Auctioneer and the Seller reserve the right to resell such items without notice, and the defaulting Buyer shall be liable to Auctioneer and Seller for any resulting deficiency, including costs incurred in storing and reselling such items.

5. Auctioneer shall charge and collect from each Buyer a Buyer's premium of 15% for each sale at the Auction, in addition to the purchase price as bid. Buyers that pay by credit card will be charged a 3% convenience/credit card fee in addition to any buyers premiums so noted.

6. All items in the Auction shall be sold to the highest bidder; provided, however, that some items may be auctioned with minimum reserve prices, and/or subject to Seller's right of confirmation. Auctioneer reserves the right to reject any bid that is only a minimal increase over the preceding bid, that is not commensurate with the value of the item being offered or that Auctioneer believes was made illegally or in bad faith. Further, Auctioneer may bid at the Auction either for its own account or on behalf of the Seller or a third party. All sales are final. No returns or refunds will be permitted for any reason whatsoever.

7. Collection of sales taxes will be in accordance with the laws of New York State, Erie County (8.75%). Auctioneer reserves the right to charge and collect tax on all purchases, shifting the burden of determining any 'tax exempt' status to the purchaser (if applicable). In such case tax refunds will be issued by the New York State.

8. Inspection of items will be BY APPOINTMENT ONLY at our storage facility in Williamsville, NY. Exact location will be given upon scheduling the appointment. Inspection appointments can be made by email to auctions@blackbirdauctions.com. ALL PURCHASERS ARE ENCOURAGED TO SCHEDULE AN INSPECTION APPOINTMENT.

9. Removal of items will be BY APPOINTMENT ONLY at our storage facility in Williamsville, NY. Exact location will be given upon scheduling the appointment. Removal appointments can be made by email to auctions@blackbirdauctions.com. ALL PURCHASES MUST BE REMOVED NO LATER THAN DECEMBER 23, 2016. Additional charges will apply to any buyer that holds over or requests additional time to remove their purchases.

10. The Buyer becomes fully responsible for, and assumes all risk of loss and damage to items purchased until items are removed from the Auction site whether or not the removal deadline has passed. If the Buyer does not remove an item within the announced removal period, Auctioneer and the Seller may, in their sole discretion, deem the item to have been abandoned by the Buyer and the Buyer will have no further rights with respect to the item.

11. In the event of any dispute concerning the winning bid price for an item, the record kept by Auctioneer shall control. In any dispute between two or more bidders, the Auctioneers decision shall be absolute and final.

12. ALL ITEMS ARE SOLD AS IS, WHERE IS AND WITH ALL FAULTS. NEITHER SELLER NOR AUCTIONEER MAKES ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE NATURE, QUALITY, VALUE OR CONDITION OF ANY ITEM. AUCTIONEER AND SELLER EXPRESSLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

13. No sale shall be invalidated by reason of any defect or inaccuracy in any description or listing, and no liability shall be borne by the Auctioneer with respect to such errors. All information has been obtained from sources generally believed to be reliable, but the accuracy cannot be guaranteed or warranted by the Auctioneer. Bidder acknowledges it is their responsibility to inspect all items and to make their own inquires.

14. The aggregate respective liability of Seller or Auctioneer in respect of any other loss or damage suffered by a Buyer and arising out of or in connection with these Terms and Conditions or arising out of or in any way connected with a Buyer's participation in the Auction, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way, shall not exceed (i) in the case of the Seller, the amount of the purchase price paid by the Buyer; and (ii) in the case of the Auctioneer, the Buyer's premium paid by the Buyer, in each case in respect of the goods which are the subject of the claim.

15. Buyers acknowledge that an Auction site or the Seller's site is a potentially dangerous place. Flammable, noxious, corrosive and pressurized substances may be present. Heavy equipment may be operated, and electrical circuits may be live. Every person enters such site at his or her own risk with notice of the condition of the premises and the activities that will be or have been conducted on the premises. Buyers shall so advise their agents and employees. No person shall have any claim against Auctioneer, the Seller or their respective agents or employees for any injuries sustained or for damages to or loss of person or property that may occur at such site.

16. These Terms and Conditions are incorporated and merged with any sale specific Terms and Conditions that may be distributed via our online bidding site and or at the physical auction location.

Terms and Conditions for online auction of BN Systems, December 14, 2016.

Auction Bidder Agreement

Bidder and Auctioneer agree that the Terms and Conditions listed below shall govern this Auction sale:

1. All persons seeking to register to bid acknowledges acceptance of these terms of sale, and guarantees prompt payment of all purchases by ACH, wire transfer, credit card or company check with bank letter of guarantee. No items will be removed prior to full payment, with all funds having cleared our accounts.

2. The "Bidder" becomes a "Buyer" upon the Auctioneers acceptance of their bid on one or more items in the Auction sale.

3. FULL PAYMENT must be made immediately for your purchase at the Auction. This payment should be made in the form of cash, credit card (up to $5,000), company check with bank letter, cashiers check, wire transfer or ACH (see wire instructions on invoice).

4. Items left unpaid for more than 48 hours will be resold at the risk and expense of the Buyer. In the event that a Buyer fails to pay the entire purchase price (in addition to the Buyer's premium and any applicable tax) within 48 hours or otherwise fails to comply with these Terms and Conditions, Auctioneer and the Trustee may retain any deposit paid as liquidated damages without notice. Auctioneer and the Trustee reserve the right to resell such items without notice, and the defaulting Buyer shall be liable to Auctioneer and Trustee for any resulting deficiency, including costs incurred in storing and reselling such items.

5. Auctioneer shall charge and collect from each Buyer a 15% Buyer's premium for each sale at the Auction, in addition to the purchase price as bid. Buyers that utilize our Webcast service shall be charged a buyer’s premium of 18% for each sale at the Auction, in addition to the purchaser price. Buyers that pay by credit card will be charged a 3% convenience/credit card fee in addition to any buyer’s premiums so noted.

6. All items in the Auction shall be sold to the highest bidder; provided, however, that some items may be auctioned with minimum reserve prices, and/or subject to Trustee's right of confirmation. Auctioneer reserves the right to reject any bid that is only a minimal increase over the preceding bid, that is not commensurate with the value of the item being offered, or any bid that Auctioneer believes was made illegally or in bad faith. Further, Auctioneer may bid at the Auction either for its own account or on behalf of the Trustee or a third party. All sales are final. No returns or refunds will be permitted, unless authorized by the Trustee in writing.

7. This sale is exempt from sales and use tax in Virginia pursuant to the Administrative Code of Virginia 23VAC10-210-1080 and 23VAC10-210-140.

8. For any purchase paid in cash with a value of $10,000 or greater, Buyer is required to complete US Treasury Dept. form #8300 at the time of purchase.

9. Removal and shipment of purchased items will be the sole responsibility of the Buyer. Removal for smalls and hand carry items will be immediately following the auction. Open removal will be from December 1 – December 9 8:00–4:00 and thereafter by appointment only. All purchases must be removed no later than December 9th. Riggers are encouraged to review the PDF catalog and submit insurance certificates in advance of the auction. NO MATERIAL HANDLING EQUIPMENT OR TOOLS WILL BE MADE AVAILABLE BY THE TRUSTEE OR AUCTIONEER FOR BUYERS' USE DURING ITEM REMOVAL. All Buyers and/or their agent riggers MUST comply with all insurance requirements as noted in the Auction catalog.

10. The Buyer becomes fully responsible for, and assumes all risk of loss and damage to items immediately upon acceptance of their bid. It shall be the responsibility of the Buyer to insure their purchases immediately. If the Buyer does not remove an item within the announced removal period, Auctioneer and the Trustee may, in their sole discretion, deem the item to have been abandoned by the Buyer and the Buyer will have no further rights with respect to the item.

11. In the event of any dispute concerning the winning bid price for an item, the record kept by Auctioneer shall control. In any dispute between two or more bidders, the Auctioneers decision shall be absolute and final.

12. ALL ITEMS ARE SOLD AS IS, WHERE IS AND WITH ALL FAULTS. NEITHER TRUSTEE NOR AUCTIONEER MAKES ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE NATURE, QUALITY, VALUE OR CONDITION OF ANY ITEM. AUCTIONEER AND TRUSTEE EXPRESSLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

13. No sale shall be invalidated by reason of any defect or inaccuracy in any description or listing, and no liability shall be borne by the Auctioneer with respect to such errors. All information has been obtained from sources generally believed to be reliable, but the accuracy cannot be guaranteed or warranted by the Auctioneer. Bidder acknowledges it is their responsibility to inspect all items and to make their own inquires whether purchasing online via Webcast or live on site.

14. The aggregate respective liability of Trustee or Auctioneer in respect of any other loss or damage suffered by a Buyer and arising out of or in connection with these Terms and Conditions or arising out of or in any way connected with a Buyer's participation in the Auction, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way, shall not exceed (i) in the case of the Trustee, the amount of the purchase price paid by the Buyer; and (ii) in the case of the Auctioneer, the Buyer's premium paid by the Buyer, in each case in respect of the goods which are the subject of the claim.

15. Computers, drives and other electronic equipment may contain copywritten software that is governed by a license agreement issued to a third party. In such event the Buyer acknowledges that said software and license agreement(s) are not included in their purchase(s). Buyer guarantees the destruction of any personally identifiable information that may be stored on such devices, and shall indemnify and hold harmless the Auction Company and the Trustee from any claims, suits or other actions brought against them that relates in any way to personally identifiable information or any other data that remains on such devices, latent or obvious.

16. Buyers acknowledge that an Auction site is a potentially dangerous place. Flammable, noxious, corrosive and pressurized substances may be present. Heavy equipment may be operated, and electrical circuits may be live. Every person enters such site at his or her own risk with notice of the condition of the premises and the activities that will be or have been conducted on the premises. Buyers shall so advise their agents and employees. No person shall have any claim against Auctioneer, the Trustee or their respective agents or employees for any injuries sustained or for damages to or loss of person or property that may occur at such site.

18. These Terms and Conditions are incorporated and merged with any sale specific Terms and Conditions that may be distributed via our online bidding site and or at the physical auction location.

T&C Apollo Press Webcast Auction Sale November 30, 2016, by order of the United States Bankruptcy Court, Norfolk Division Bk. No. 16-50717-FJS